Browse Arkansas Code titles and sections

7 U.S.C. § 228b–2 — Violations by live poultry dealers

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 228b–2 — Violations by live poultry dealers

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 228b–2

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 030001b3172fbdd09c5e4a096db88c4fb9146de1a0ebe67c5b1332a458c12510. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Record provenance

Stable record: federal_law:legal_authorities:record_usc_a2a951f33488f7b7a36bfbf0
Source file: Laws/federal/codes/united-states-code/title-7/section-228b2-violations-by-live-poultry-dealers--1460cbf059.md
Pages: Not recorded – Not recorded
Passage SHA-256: 117049fb175b48e9f1a9b016327c7f9f419aef166c35fb60e2c96350ab285344

Source location: Title 7, Chapter 9, § 228b–2; chapter-009-packers-and-stockyards.md

Stored source content

**(a) Written complaint by Secretary; hearing; intervention; amended complaint** Whenever the Secretary has reason to believe that any live poultry dealer has violated or is violating any provision of [section 197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section197&num=0&edition=prelim) or [section 228b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b-1&num=0&edition=prelim), he shall cause a complaint in writing to be served upon the live poultry dealer, stating his charges in that respect, and requiring the live poultry dealer to attend and testify at a hearing at a time and place designated therein, at least 30 days after the service of such complaint; and at such time and place there shall be afforded the live poultry dealer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may, on application, be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing, the Secretary may amend the complaint; but in case of any amendment adding new charges, the hearing shall, on the request of the live poultry dealer, be adjourned for a period not exceeding 15 days. **(b) Report on findings of fact by Secretary; cease and desist order; assessment of civil penalty; action by Attorney General upon live poultry dealer’s failure to pay penalty** If, after such hearing, the Secretary finds that the live poultry dealer has violated, or is violating, any provisions of [section 197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section197&num=0&edition=prelim) or [section 228b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b-1&num=0&edition=prelim) covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the live poultry dealer an order requiring such live poultry dealer to cease and desist from continuing such violation. The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $20,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person’s ability to continue in business: Provided, however, That in no event can the penalty assessed by the Secretary take priority over or impede the ability of the live poultry dealer to pay any unpaid cash seller or poultry grower. If, after the lapse of the period allowed for appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General, who may recover such penalty by an action in the appropriate District Court of the United States. **(c) Amendment or setting aside of report or order** Until the record in such hearing has been filed in a court of appeals of the United States, as provided in [section 228b–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section228b-3&num=0&edition=prelim), the Secretary, at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the live poultry dealer to be heard, may amend or set aside the report or order, in whole or in part. **(d) Service of complaints, orders, and other processes** Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in [section 45 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 197 — Statutory trust established; poultry

**(a) Protection of public interest from inadequate financing arrangements** It is hereby found that a burden on and obstruction to commerce in poultry is caused by financing arrangements under which live poultry dealers encumber, give lenders security interest in, or place liens on, poultry obtained by such persons by purchase in cash sales or by poultry growing arrangements, or on inventories of or receivables or proceeds from such poultry or poultry products therefrom, when payment is not made for the poultry and that such financing arrangements are contrary to the public interest. This section is intended to remedy such burden on and obstruction to commerce in poultry and protect the public interest. **(b) Poultry, inventories, receivables and proceeds held by dealer in trust for benefit of unpaid cash sellers or poultry growers** All poultry obtained by a live poultry dealer, by purchase in cash sales or by poultry growing arrangement, and all inventories of, or receivables or proceeds from such poultry or poultry products derived therefrom, shall be held by such live poultry dealer in trust for the benefit of all unpaid cash sellers or poultry growers of such poultry, until full payment has been received by such unpaid cash sellers or poultry growers, unless such live poultry dealer does not have average annual sales of live poultry, or average annual value of live poultry obtained by purchase or by poultry growing arrangement, in excess of $100,000. **(c) Effect of dishonored instruments** Payment shall not be considered to have been made if the cash seller or poultry grower receives a payment instrument which is dishonored. **(d) Preservation of trust benefit by seller or poultry grower** The unpaid cash seller or poultry grower shall lose the benefit of such

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 197

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 182 — Definitions

When used in this chapter— (1) The term “person” includes individuals, partnerships, corporations, and associations; (2) The term “Secretary” means the Secretary of Agriculture; (3) The term “meat food products” means all products and byproducts of the slaughtering and meat-packing industry—if edible; (4) The term “livestock” means cattle, sheep, swine, horses, mules, or goats—whether live or dead; (5) The term “livestock products” means all products and byproducts (other than meats and meat food products) of the slaughtering and meat-packing industry derived in whole or in part from livestock; (6) The term “poultry” means chickens, turkeys, ducks, geese, and other domestic fowl; (7) The term “poultry product” means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter; (8) The term “poultry grower” means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry; (9) The term “poultry growing arrangement” means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another’s instructions, for slaughter; (10) The term “live poultry dealer” means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and (11) The term “

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 182

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 45 — Unfair methods of competition unlawful; prevention by Commission

**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade** (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— (A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 45

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 229c — Separability

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 229c

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.